Landlord Must Submit Pretrial Questions in Writing to Disabled Tenant

Landlord sued to evict apartment occupant. Landlord claimed that occupant's sister and nephew were tenants and that occupant was a licensee who was no longer authorized to live in the apartment. Occupant claimed that she was rent-controlled tenant and had lived in the apartment since at least 1971. Landlord asked the court for permission to conduct pretrial questioning. The court ruled for landlord in part. Occupant suffered from dementia, and the court had appointed a guardian ad litem to represent her in the case. In light of occupant's age and medical condition, in-person questioning would pose a hardship for her. The court ruled that landlord could ask questions and request documents in writing. The court limited landlord's questions to the issues raised by occupant in her defense to landlord's petition.

Warnock v. Visconti: NYLJ, 10/18/06, p. 31, col. 3 (Civ. Ct. Kings; Kraus, J)